2019 (5) TMI 1049

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....137/2019 & CM APPL. 22498/2019 (for modification of order) 2. The present petition seeks directions to the Respondents, i.e. the Directorate of Revenue Intelligence ('DRI') (R-1) and the Commissioner of Customs (R-2) to return to the Petitioner the foreign currency seized from him way back on 27th September 2013.   3. On the aforementioned date, the Petitioner was going to Dubai, when he was intercepted by the officers of the DRI. He replied in the affirmative to a question whether he was carrying foreign currency equivalent to Indian Rs. 70,00,000. Thereupon, the said foreign currency was seized by the DRI officers. 4. On 21st March 2014, the Petitioner was issued a show cause notice (SCN) which bore the date of 27th September 2013....

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.... end.' 7. Thereafter, despite, several requests in writing made by the Petitioner to the Additional Director, DRI, the foreign currency was not released leading to the filing of the present petition. 8. On 10th April 2019, while directing notice to be issued to the Respondents, this Court passed a detailed order, the operative portion of which reads as under: "This court is of the opinion that once finality attached to the order of Commissioner (Appeals) which was confirmed by the Central Government, the question of non-compliance with the order could not have arisen. The disposal of foreign exchange is per se no ground to deny the return of foreign exchange which is available even otherwise with the Central Government. In these circums....

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....ppearing for the DRI states on instructions that the said foreign currency has been disposed of by conversion into Indian currency in terms of Section 150 of the Customs Act, 1962. He has produced a copy of the notification dated 14th February 2006 issued by the Central Board of Excise and Customs. However, the Court notes that paragraph 3 of the said notification requires notice to be issued to the owner of the goods prior to its disposal. In the present case, the case of the Petitioner is that no such notice was received by him before disposal of the foreign currency by conversion into Indian rupees. 14. It is submitted by counsel for both the Customs Department as well as the DRI that the Petitioner should file one more application for ....

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....able after applying the conversion rate for the various foreign currencies held by him at the time of confiscation has been handed over to both counsel for the DRI and Customs. The said details submitted in a tabular form read as under: S.No.   FOREIGN CURRENCY CONVERSION RATE OF FOREIGN CURRENCIES INTO INDIAN TOTAL VALUE IN RUPEES 1. Nepali Currency 5,81,500/- @ 0.622 3,61,693/- 2. Shri Lanka Currency 17,84,500/- @ 0.392 7,04,877/- 3. Saudi Riyal 3,30,000/- @ 18.435 60,83,550/- 4. Qatar Riyal 2,566/- @ 18.99 48,728/- 5. UAE Dirham's 1305/- @ 18.82 2,456/- 6. Indian Currency     10,000/-       TOTAL Rs. 72,11,304/- 18. The Court accordingly directs that ....